While the federal legislation has taken effect, there is still a great deal of confusion about how it duplicates already existing state "no call" lists, exactly what kind of contact will be prohibited under the new rules, and what organizations are exempted.

According to the FTC, "The do not call provisions of the TSR cover any plan, program or campaign to sell goods or services through interstate phone calls. This includes calls by telemarketers who solicit consumers, often on behalf of third party sellers. It also includes sellers who are paid to provide, offer to provide or arrange to provide goods and services to consumers." In short, telemarketing is defined as calls that solicit the sales of goods and services, including real estate representation and transactions.

(One might assume the new national law wouldn't affect Realtors too significantly because the "interstate" language naturally exempts most of them since Realtors tend to be licensed and work in one state. On the contrary, 31 states have already enacted no call legislation; they just didn't get much attention -- or subscription -- until the federal option and the subsequent media coverage came along. Now companies will be forced to purchase, merge and maintain two "no call" lists.)

Exempted from this definition are calls from political organizations, charities, telephone surveyors or companies with which a consumer has an existing business relationship.

It is in this exemption language that consumers will find that their perceptions of what "no call" means are wrong. As of September 1, the FTC reported that more than 48.8 million American had registered phone numbers on the National Do Not Call list. Consumers are expecting that since they are on the national list, they will never be called again, that an annoying telemarketer will never interrupt their dinner hour again. It won't be long before that myth is exposed. Because of the confusion between state and national legislation, I truly believe that even people on "No Call" lists will receive as many calls as they did previously, and, in some cases, they will receive more.

The key to future success in consumer direct sales and continued customer confidence in you as a sales professional is understanding the provision of "established business relationship" in the amended rules, and how to take advantage of it to move your selling philosophies and practices to a new level of innovation and success.

Among all the media hype about this new legislation, almost nothing has been done to educate consumers about this key exemption that states " … a company with which a consumer has an established business relationship may call for up to 18 months after the consumer's last purchase, last delivery, or last payment …" even if they have registered with the no call list.

Just think. How many transactions has the average American consumer willingly participated in over the last 18 months? Of which, each and every one makes them eligible for continued telemarketing calls. So, understand that the do not call list is not a mandate to not call. The Do Not Call list is really a "do not call strangers" list. That is really the only restriction that is placed on salespeople, including Realtors, with this new law.

Essentially, you can legally call anyone that is not a stranger to you. As a result, successful sales people involved in consumer direct selling must revise their thinking to embrace the "No Call" list. Instead of treating it as an expensive inconvenient barrier that will hamper your ability to generate new prospects, treat it as a motivator to become a truly focused and effective sales prospector, using existing relationships as the ultimate sales tool.